For every neglect on the part of any probate judge, or clerk of any probate court of the state, in the discharge of their duties as prescribed in the previous section [34-7-4 NMSA 1978], the one so failing, upon conviction thereof in the district court, shall be fined in a sum not exceeding five thousand dollars [($5,000)].
History: Laws 1869-1870, ch. 51, § 2; 1882, ch. 82, § 1; C.L. 1884, § 16; C.L. 1897, § 750; Code 1915, § 1427; C.S. 1929, § 34-405; 1941 Comp., § 16-406; 1953 Comp., § 16-4-6.
Bracketed material. — The bracketed material in this section was inserted by the compiler. It was not enacted by the legislature and is not a part of law.
Compiler's notes. — The 1915 Code compilers, presumably under authority of Laws 1909, ch. 36, § 30 (compiled as 10-4-29 NMSA 1978), deleted, from the end of this section, the words "and the judge trying the cause, in addition to giving judgment against the guilty party, shall remove him from office and immediately appoint a capable person to hold said office, so vacated temporarily, and he shall officially notify the governor of the same, who shall at once order an election, which shall be held to fill such office in conformity with the election laws of the territory. The person appointed by any judge to fill any office shall have the qualifications now required by law for the office to which he has been appointed and shall be authorized to discharge all the duties of such office until his successor shall be elected and qualified: provided, that he shall be first qualified in the same manner as if he had been originally elected to such office."
Originally, under provisions of Laws 1887, ch. 8, § 1, the bond of the probate judge was set at $5,000, apparently to correspond with the maximum penalty provided under this section; however, the bond provision was reduced by Laws 1953, ch. 5, § 1 (16-4-3 1953 Comp., now repealed) from $5,000 to $500. See 10-1-13 NMSA 1978 for present provisions.
Structure New Mexico Statutes
Chapter 34 - Court Structure and Administration
Section 34-7-1 - Probate judge; authorized.
Section 34-7-2 - [Probate judge and sheriff elected at each general election.]
Section 34-7-3 - [Seal of probate court.]
Section 34-7-4 - [Place of holding court and keeping clerk's office.]
Section 34-7-5 - [Failure to hold court or keep clerk's office at county seat; penalty.]
Section 34-7-6 - [County must furnish office and supplies for judge.]
Section 34-7-7 - [Custody of archives, documents and books.]
Section 34-7-8 - Probate courts; hours of business; notice.
Section 34-7-9 - [Probate judge interested or disqualified; transfer to district court.]
Section 34-7-10 - [Proceedings in district court after transfer.]
Section 34-7-11 - [Probate judge absent or unable to attend to duties; powers of district judge.]
Section 34-7-13 - [Judges may issue process and make rules.]
Section 34-7-14 - Fees of probate court clerks.
Section 34-7-15 - [Additional fees of clerk.]
Section 34-7-16 - [Fees exclusive.]
Section 34-7-17 - [Record of receipts and disbursements.]
Section 34-7-18 - [Current accounts; public inspection.]
Section 34-7-19 - [Penalty for violation of Sections 34-7-17 and 34-7-18 NMSA 1978.]
Section 34-7-20 - Record of decedent's [decedents'] estates.
Section 34-7-21 - Record of bonds and wills.
Section 34-7-22 - [Deputy clerks; appointment; powers.]
Section 34-7-23 - [Oath of deputy clerks.]
Section 34-7-24 - [Authority of deputies; responsibility; signing papers.]
Section 34-7-25 - [Compensation of deputies to be paid by clerk.]